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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
James Chladek ) File Nos. EB-08-NY-0096
) EB-08-NY-0099 ) EB-08-NY-0100
) EB-08-NY-0101
Registrant of Antenna Structures )
ASR #s 1224378, 1224380, 1224381, 1224382 ) NOV No. V200832380016
Parsippany, NJ )
NOTICE OF VIOLATION
Released: April 2, 2008
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to James Chladek, owner of antenna
structures in Parsippany, NJ, Antenna Structure Registration Numbers
("ASRN")1224378, 1224380, 1224381, and 1224382.
2. On March 17, 2008, an agent of the Commission's New York Office
inspected the antenna structures, ASR #s 1224378, 1224380, 1224381,
and 1224382, located in Parsippany, NJ, and observed the following
violations:
a. 47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure." At the time of the
inspection, no ASRN was displayed at the base of the structure.
b. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or dismantlement (FCC Form 854)." According to the
ASRs, the towers are still in a `granted' status and do not show
construction dates. The owner never filed a completed construction
notification with the FCC advising when the towers had been
constructed.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, James Chladek must submit
a written statement concerning this matter within twenty (20) days of
release of this Notice. The response must fully explain each
violation, must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should include a
time line for completion of pending corrective action(s). The response
must be complete in itself and signed by James Chladek. All replies
and documentation sent in response to this Notice should be marked
with the File No. and NOV No. specified above, and mailed to the
following address:
Federal Communications Commission
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to James Chladek at his address of record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine
what, if any, enforcement action is required to ensure compliance. Any
false statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission